Brant has been getting all worked up about filing an appeal lately. The guys in there are telling him he deserves it and he's all hyper about the Blakely case.

He doesn't have an attorney, and I can't afford to help him there. I wish I could. But I can't. So I figured I'd just throw this out there and see if any of you has some legal knowledge floating around.

I'm just worried about him doing the wrong thing, or doing it at the wrong time. He was planning to get the paperwork filed next week, and it's really worrying me. I want him to do it right.

So can anyone tell me anything about the appeals process and whether or not he should slow down? He's only been down since July, and in county since the beginning of the year. I wonder if it wouldn't be better for him to wait? He has a 6-year sentence after he completes a 1-year gun spec. Maybe he should finish that before he tries this?

And if they decide to turn down the appeal, could they give him MORE time instead? If he were rejected, would he get another chance or does he only get one chance?

I think he deserves it, too, and not just because I love him. It's his first offense, and yes, he was stupid for violating his bond, which makes him look like he isn't remorseful. But still, 6 years for a first-timer is a lot for a robbery charge.

Anyway. Anyone?

Well, I looked up your profile to find out where you were. Since I am in New York I don't know if any of this will help you but I'll try. My husband was convicted in June of 2002 and we are towards the end of our appeal efforts. It is a very long and trying time. I cannot even begin to tell you the money my family has spent for we hired a well known lawyer (has his own radio show in Manhatten) and tried EVERYTHING. The process was as follows: First our lawyer had to write a brief to the appeals courts stating what grounds we were arguing. In it it had information regarding why my husband should be free. It was at least 500 pages long and very expensive. (I have a website for my husbands defense so if you want you can browse through the appeal to understand what a big deal it it.... http://www.kevinhart.org/appeal.html) Then the district attorneys office sent in their own brief stating why they felt he shouldn't be free. We waited for about a year and a half for a court date. The 2 sides argued each of their briefs in front of a panel of judges and we went home. 6 months later they denied his release. Then we moved on to step 2. We had to request a chance at a 2nd appeal with a higher court. Our attorney sent a letter to that court summerizing again why we wanted this. Then the DA again sent their own. We waited about 4 more months just to get a NO again. Now, our last shot is to file something called a 440. Here new information not in the trial can be added and fought, but the likelyhood of a win is slim to none since the law just seems to be politics to me. Let me just tell you that I did not write this to discourage you. I understand how you feel. It stinks to be where we are. Without the funds it stinks even more. I would just look online for free info on pro bono attorneys. If you have any other questions feel free to email me about them..or just post here again. Good luck.

Wow! Brant thought all he had to do was file some paperwork!!

Thanks for the info. I'll check out your website.

If you search Blakely in the upper left hand corner you'll find info about the case...also in the Con-Tact News paper there is an article....good luck

I'm asking the same questions. What can an appeal do?:confused: or can it cause more harm.:( My daughter's attorney doesn't handle appeal and is a public defender and said to speak to another attorney. He said it wouldn't hurt her but she would be in limbo since she will not receive her sentence reduction until she's done. Or she could take her reduction now and know when she would be out, which sounds like ten years. My daughter has received 21 years for her first time offense of drugs and placed in an conspiracy. My God she is only 24 years old and has two little children at home. CAn an appeal change the lenght of time a person was sentenced to.

If he has a Blakely issue, then he is eligible for a federal public defender. However these cases are time specific, so he should contact the PD 's office now. If his appeal were granted there is a small chance that time would be increased, but that is not likely.

Re: violating bond is a yoke around his neck, doesn't put him in a good posture. It was a chance to show how he could do on his own...that will stay with him until he is off supervised release.

Re: waiting, the appellate process is time-specific. waiting isn't the best strategy and also, I haven't seen the statistics on jailhouse lawyers and pro se filings, but the number of wins is minuscule. A jailhouse lawyer can't respond in a timely fashion.

He is not getting legal advice, just jailhouse rumors. Chances are the information is more hopeful than realistic.